Law Commons^™

From The Editors

University of Richmond Law Review

This issue of the Review is dedicated to the memory of "Mr. B," professor, administrator, and friend of the law school for 50 years. This year's class was the first in half a century to explore the in- tricacies of property, wills and sales without the benefit of his socratic guidance. Though we did not know him as a professor or administrator, we knew him as a friend, and as an institution whose memory serves as an inspiration to those who would conscientiously undertake the study of the law.

Cruel And Unusual Punishment-Constitutionality Of The Death Penalty For Rape Where Victim's Life Neither Taken Nor Endangered

University of Richmond Law Review

Throughout history societies have attempted to influence behavior and maintain order through the use of sanctions imposed by custom, tradition and law. Various methods and degrees of punishment have been exacted for anti-social behavior; each individual society fixing its own value upon the interest to be protected and its interest in punishing the offender. Some civilizations have utilized torture, maiming and, not infrequently, cruel and painful deaths as punishment for crimes.

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Parental Immunity- Automobile Negligence

University of Richmond Law Review

An action between a parent and his minor child was not prohibited at common law. In fact, the child was allowed redress in matters concerning his property. However, no action in tort for personal injuries was ever recorded.

Civil Rights- Arrest Record As Basis For Job Denial Held Discriminatory

University of Richmond Law Review

Title VII of the Civil Rights Act of 1964 provides that it is an unlawful employment practice to discriminate in hiring because of an individual's race, color, religion, sex or national origin. The purpose of this title is to eliminate discrimination in the labor market so as to afford persons with the ability to perform work and earn their livings the opportunity to do so without penalty because of one of these factors.

Price Fixing And The Illegal Per Se Concept

University of Richmond Law Review

The Sherman Anti-Trust Act declares every contract in restraint of trade to be illegal. The early decisions construing this act interpreted the language literally. Since this interpretation would have invalidated nearly all contracts used in the normal course of business, the test was relaxed to a rule of reason Henceforth, the only restraints violative of the Sherman Act were those operating to the prejudice of the public interest by causing undue interference with the free flow of trade. The court soon recognized certain actions as being illegal per se because of their total lack of benefit to the public. Among …

Damages Recoverable For Wrongful Death, Stuart L. Craig

University of Richmond Law Review

The Virginia Legislature at the 1968 session of the General Assembly amended Section 8-636 of the Code of Virginia and thereby altered drastically both the amount and the method of distribution of damages recoverable under Virginia's Wrongful Death Act.' Only the section dealing with damages and the distribution thereof was altered, but the amendment changed substantially those entitled to an award of damages for financial or pecuniary loss and the conditions prerequisite to recovery for such loss.

University Of Richmond Law Review Index

University of Richmond Law Review

This is the index for the Law Review Volume 5.

Right To Counsel In Virginia

University of Richmond Law Review

The sixth amendment guarantees to an accused the right to assistance of counsel, and this right is extended to state prosecutions through the Due Process clause of the fourteenth amendment. The Supreme Court has interpreted this right to include steps in the proceeding before the trial itself has commenced. In United States v. Wade and Gilbert v. California the Court held post-indictment confrontations for identification purposes to be "critical stages" of the proceedings at which the accused is entitled to the presence of counsel.' Although in both cases the confrontations took place after indictment, the Court indicated that any pretrial …

The Innkeeper's Lien And Due Process

University of Richmond Law Review

The problems associated with human mobility require constant testing and refining of the principles embodied in our common and statutory law. Furthermore, there has developed an increasing concern for the rights of the economically disadvantaged individual in contemporary America. The compound problems of the mobile poor have been partly resolved by the application of the due process clause of the Fourteenth Amendment to them.

The Space Age: Legal And Policy Problems, Carl T. Curtis

University of Richmond Law Review

Public realization that the Space Age was at hand came with the launching of Sputnik on October 4, 1957. A second and much larger Soviet earth satellite, containing a dog, was launched on Novem- ber 3, 1957. This startling emergence of Soviet space science and technology had grave implications for the security of the free world, be- cause it demonstrated that the U.S.S.R. possessed much of the technology required to explore and control space. Moreover, through the Sputnik launchings, the Soviet Union revealed a capacity to launch intercontinental ballistic missiles. Future methods of maintaining peace or waging war would be …

The Federal Tort Claims Act: A Substantive Survey, Robert N. Johnson

University of Richmond Law Review

The enactment of the Federal Tort Claims Act (FTCA) on August 2, 1946, provided the most comprehensive waiver of sovereign immunity encountered in the Federal Claims System.

Can Balance Be Restored In The Constitutional War Powers Of The President And Congress?, William B. Spong Jr.

University of Richmond Law Review

The Cambodian incursion of April, 1970, brought forth renewed observations from constitutional scholars, eminent and amateur, that the war-making power of Congress had been eroded and the checks and balances system for the initiation and conduct of hostilities by American troops, as contemplated by the Founding Fathers, rendered almost inoperative. Debates on the National Commitments Resolution and the Cooper-Church Amendments, as well as events following adoption of these measures, appear to sustain such conclusions. How has this happened? What, if anything, can be done to restore some balance in this crucial area of public policy? Should there be an effort …

The Emerging Constitutional Privilege To Conceal Confidential News Sources

University of Richmond Law Review

In furtherance of the national interest in an informed populace, the American press has evolved into a sophisticated and complex system of news reporting that is universal in scope. Although methods of accumulating and disseminating data have changed with technological advancement, the people have continued to be the primary source of news reports. Communications from source to media frequently are conducted in confidence, with the anonymity of the informant being a condition precedent to disclosure of the information. Legal problems develop when the newsman is called upon to reveal the identity of his confidential source in a judicial or legislative …

In Forma Pauperis Relief- An Endless Road?

University of Richmond Law Review

At early common law, a pauper seeking judicial relief prayed to the English Justices in Eyre for a cost-free deliverance. Today, the prayer is the same but the deliverance is provided through in forma pauperis statutes.

Toward Judicial Reform, Edward J. Gurney

University of Richmond Law Review

President Nixon has several times in the recent past publicly recognized a growing national attitude-the American people, as a class, are losing confidence in the ability of their governments to govern. And this unfortunate lack, or at least diminution of confidence, is nowhere more evident than in the way the average citizen views the courts of this country.

Student Practice-Limited Appearances In Court By Third Year Law Students

University of Richmond Law Review

The practice of law as it is known to our legal system has been a closely guarded institution since its development in England during the Middle Ages. In the fourteenth and fifteenth centuries the legal profession became organized and obtained the monopoly of legal work it still enjoys today. Even before the end of the thirteenth century, it was generally recognized that although a litigant could personally appear and argue in his own behalf, the party represented by a lawyer, who was an expert in the law and its language, would have a decided advantage over his opponent.

Uniform Commercial Code- Breach Of Warranty- Applicable Statute Of Limitations For Personal Injury

University of Richmond Law Review

Statutes of limitation are statutes of repose, the object of which is to compel the exercise of a right of action within a reasonable time. They are designed to suppress fraudulent and stale claims from being asserted after a great lapse of time, to the surprise of the parties, when the evidence may have been lost, the facts may have become obscure because of defective memory, or the witnesses have died or dis- appeared.

State Securities Regulation Of Real Estate Investment Trusts, David G. Epstein

Law Faculty Publications

If one of John Saxe's blind men of Indostan were to prate about a real estate investment trust (REIT) with knowledge only of state securities regulations thereof, his commentary would be no more accurate or revealing than his descriptions of the elephant. For almost a decade, state blue sky regulation has presented the primary legal obstacle to the organization of real estate investment trusts. This article will consider the nature and problems of such regulation.

Scienter Requirement In Actions Under Rule 10b-5, David G. Epstein

Law Faculty Publications

More than twenty years have now elapsed since a private right of action under rule 10b-5 was first recognized judicially. In the interim, rule 10b-5 has become "the most prolific source of litigation since Henry Ford invented the flivver." And, the Rule is assuming even greater importance. Private actions under 10b-5 in excess of seventy-seven million dollars have been instituted against Texas Gulf Sulphur and its officers and directors. The Securities and Exchange Commission proposals to implement the Wheat Report will result in an increased emphasis on 10b-5. Notwithstanding the importance of rule 10b-5 and the numerous reported decisions and …

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1970-1971, University Of Richmond

Law School Catalogues

General Statement:

The Law School, established as a part of Richmond College in 1870, celebrates its Centennial this session. In 1890 the family of the late Mr. T. C. Williams, who had been a devoted and valued Trustee, donated $25,000 as the nucleus of an endowment for the Law School. In recognition of this gift, the name of the School was changed to The T. C. Williams School of Law. At various times the School has received further generous gifts from members of the family of Mr. Williams. A substantial gift came through a bequest from Mr. T. C. Williams, …

Right To Court-Appointed Counsel For Misdemeanants In Virginia

University of Richmond Law Review

The Virginia Constitution makes no specific guarantee of the right to counsel for those charged with a crime as is provided in the federal Constitution, but the Supreme Court of Appeals has declared this to be a fundamental right within the Virginia Bill of Rights. Such right is intended to apply to all persons regardless of their financial status, so if a person charged with a felony proceeds in forma pauperis, it is the duty of the court to appoint counsel to defend him. The right to court-appointed counsel has been extended to persons being questioned concerning a felony, to …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Foreword

University of Richmond Law Review

The Review hails the entrance of the T.C. Williams School of Law into its second century of educative endeavor, and commends to its readership the awareness of the need for socio-legal interaction. That the law constitutes a significant regulator of interpersonal behavior is unquestionable. It is to be hoped, however, that our three interdisciplinary articles will help alleviate such jurisprudential myopia as might tend to overestimate the effectiveness of the law as an instrument of social control in the eyes of its disciples. In our changing society, the methodology and knowledge attributable to the social sciences must necessarily play an …

The Quest For Balance In Bail: The New South Wales Experience, R.P. Roulston

University of Richmond Law Review

The right to bail is as old as the law of England itself and it is, as Lord Devlin has remarked, "indeed curious that fundamental questions concerning it have never been settled. The system so far has worked satisfactorily without providing any occasion for their resolution."

Liability Of Landlord For Personal Injury Due To Inadequate Or Lack Of Lighting In Common Areas

University of Richmond Law Review

When a landlord leases a part of the premises to individual tenants, as in an apartment building, he necessarily retains control over areas used in common and must exercise ordinary care to keep these areas in a reasonably safe condition.' This duty arises because common areas are part of the estate reserved by the landlord for the use and benefit of all the tenants. The responsibility of the lessor extends to the lessee, members of the lessee's family, and all persons on the premises at the invitation of the lessee, whether the invitation be express or implied.

The Silent Doctors- The Conspiracy Of Silence, Joseph Kelner

University of Richmond Law Review

Medical malpractice and malpractice lawsuits are on the rise. Perhaps the main reason is that less than 300,000 active doctors are caring for over 200 million Americans-about one doctor for every 700 citizens. This is a dangerous shortage of doctors-a pressure cooker of overworked physicians, high caseloads, short-cut precautions, and substandard treatment.

Civil Rights Act And Professionally Developed Ability Tests

University of Richmond Law Review

With the shift in America from a mercantile to a highly industrialized society, the right to use his labor and skill has become a person's most valuable asset. The common law did little to preserve this asset, since an employer had the absolute right to discharge his employee at will. While the fifth and fourteenth amendments to the Constitution provided some relief in federal and state discriminatory practices, they offered little hope for those deprived of employment opportunities by the discriminatory acts of private individuals.

Prospectivity And Retroactivity Of Supreme Court Constitutional Interpretations

University of Richmond Law Review

The freedom of a court, state or federal, to define the limits of ad- herence to precedent has been sanctioned by the Supreme Court in both civil' and criminal cases. Accordingly, any decision can be made to apply to future cases or relate back to all past cases. In no other area of the law is such a decision more important than in the field of criminal procedure where the freedom of a convicted man can rest upon a decision to apply a new "rule" retroactively or prospectively. It is not surprising, therefore, that the majority of retroactivity cases involve …

Parental Immunity- Its Effect On Vicarious Liability

University of Richmond Law Review

Parental immunity prohibits a child from instituting a suit against his parent for a personal tort. However, when a child has sustained injury as a result of his parent's tortious act committed in the course of his employment, and the child seeks recovery against his parent's employer under the doctrine of respondeat superior, the majority of jurisdictions feel that this immunity is purely personal and should not be extended to the employer.